Enforcement; penalties for violation.

Winston-Salem Code of Ordinances § 78-378

in effect

Sec. 78-378. - Enforcement; penalties for violation. (a) Civil penalties for violation of article. Each violation of this article by a permittee, or by a person or business who or which displays, offers, or makes available for rent any micromobility device, without having obtained a permit therefor, shall subject the offender to the assessment of a civil penalty. Similarly, the abandonment by any customer of any micromobility device operated pursuant to a permit and abandoned in contravention of subsection 78-369(c)(5) shall subject the permittee to the assessment of a civil penalty. The committee may assess civil penalties and shall give the offender/permittee written notice of the nature of the violation(s) and the amount of the civil penalties. The notice shall be served by any method allowed by law for the service of summons in a civil action. The civil penalty shall be $250.00 per violation, plus an additional sum per day for each micromobility device impounded until, and including, the later of the dates on which the offender/permittee lawfully retrieves said device and pays all impound fees and civil penalties thitherto assessed The amount of the daily impound fee is indicated in subsection 78-379(d). In addition, the offender/permittee shall pay any costs the city incurs as a result of the violation, including, but not limited to, those costs specified in subsection 78-376(b). (b) Appeal of civil penalties. Anyone who has been assessed a civil penalty under this article may appeal the assessment by filing a written request with the city manager within ten days of the date of service of the notice of civil penalty. The city manager shall hear the appeal. The city manager shall send a written notice to the offender/permittee, stating the time and place of the hearing. The offender/permittee may appear in person or through counsel, and may present evidence, provided, however, that the city manager shall have the authority to conduct the hearing in the manner and for the length of time the city manager deems necessary to make a decision. The city manager may affirm, deny, or modify the penalty, and the city manager's decision shall be final. The offender's/permittee's failure to request an appeal within the time and in the manner specified in this subsection shall constitute a waiver of the right of appeal. (c) Collection of civil penalties. If the offender/permittee does not pay the civil penalty or file an appeal with the city manager, in the manner specified, within ten days of the date of service of the notice of civil penalty, or, in the case of an appeal, within ten days of the date of the decision on appeal, the city manager may collect the civil penalty by commencing a civil action for the collection of a debt. The city manager may compromise or abandon a claim, before or after commencement of the civil action, if the city manager finds it improbable that the city will collect the entire amount of the claim and that the resources the city will expend to pursue the civil action do not justify its pursuit. (d) Equitable remedies. Any provision of this article, the administrative regulations adopted pursuant to subsection 78-367(a), the agreement specified in subsection 78-374(1), or the permit issued hereunder may be enforced by an equitable remedy, including abatement orders and mandatory or prohibitory injunctions issued by a court of competent jurisdiction. The county superior court shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application by the city for equitable relief that there is an adequate remedy at law. (e) Remedies cumulative. All remedies specified herein shall be cumulative, and the city intends that the revocation, suspension, and denial of a permit shall be just a few remedies among others available to the city. Any violations of this article punishable as crimes under state law shall be so punishable. (f) Any person found, pursuant to the processes outlined in this article, to have violated the article, administrative regulations adopted pursuant to subsection 78-367(a), the agreement specified in subsection 78-374(1), or any permit condition shall reimburse the city and any participating law enforcement agency their full investigative costs within 30 days of the date of invoice therefor. (Ord. No. 2019-7, § 1, 3-25-19; Ord. No. 2024-4, § I, 3-4-24)

Source: City of Winston-Salem, North Carolina, Code of Ordinances, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH78VEHI_ARTXIVMIDE_S78-378ENPEVIFetched: 11/1/2026